MOHD. HANIF ALIAS BHURA v. STATE OF U.P. AND ANOTHER
NA528/39688/2025 · 2025-10-27
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DailyLaw.ai
[ 2025 DAILYLAW 172121 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 172121 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 39688 of 2025 Court No. - 78 HON'BLE NALIN KUMAR SRIVASTAVA, J.
1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. 2. This application under Section 528 B.N.S.S. has been filed with the prayer to quash the impugned order dated 21.4.2025 passed by Special Judge, N.D.P.S. Act / Additional Sessions Judge, Court No.12, Saharanpur in Special Case No.102 of 2016 (State Vs. Mohd. Hanif @ Bhura) arising out of case crime no.323 of 2016 under section 18/20 N.D.P.S. Act, P.S. Gangoh, Distt. Saharanpur whereby the learned trial court has issued non- bailable warrant against the applicant. 3. It is submitted by the learned counsel for the applicant that earlier in this case the applicant was released on bail but however for some unavoidable circumstances he could not reach the court, as a result of which non-bailable warrant dated 21.4.2025 was issued against him. 4. Learned A.G.A. vehemently opposed the application and it has been submitted that it was a deliberate negligence on the part of the applicant and he deliberately did not appear before the court even after having knowledge of the case pending in the court. Applicant is an absconder and that is why punitive process has been issued against him. 5. Learned counsel for the applicant has made a submission before the Court that the applicant is ready and willing to appear before the trial court to cooperate with the trial. 6. From the perusal of the record, it appears that the applicant is not a Versus Counsel for Applicant(s) : Manoj Kumar Mishra Counsel for Opposite Party(s) : G.A. Mohd. Hanif Alias Bhura .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
chronic absconder. 7. In the factual scenario of this case, the applicant is directed to appear before the trial court in pursuance of the order issuing non-bailable warrant against him by the trial court and in case the applicant surrenders before the trial court and applies for bail within thirty days from today, the same shall be considered and decided by the Court concerned expeditiously in accordance with law. For a period of thirty days from today, no coercive action shall be taken against the applicant. 8.
It is made clear that no further time shall be allowed to the applicant to surrender and apply for bail before the Court concerned and if he does not appear before the trial court within the aforesaid period, the law shall take its own course and the order passed today will be of no help to the applicant. 9. With the above observations, the application stands disposed of. October 28, 2025 ss NA528 No. 39688 of 2025 2 (Nalin Kumar Srivastava,J.) Digitally signed by :- SANDEEP SHARMA High Court of Judicature at Allahabad